Kreep and Taitz to challenge long form in court (new video!)

Gary Kreep says that he and Orly Taitz, a dentist and attorney from Rancho Santa Fe, will appear in federal appellate court in Pasadena on Monday to argue their case questioning the president’s citizenship and the validity of his birth certificate.

Kreep, of Ramona, and Taitz are scheduled to appear in court Monday petition the court to allow forensic experts to examine the president’s birth certificate, which was released this week.

Guess what? On appeal, you can’t raise new issues. So will Kreep and Taitz appear to the birthers as victims as the court refuses to let them make their case about things that they can’t argue on appeal? Stay tuned for more on Barnett v Obama, today, in Pasadena, CA.

45 Responses to Kreep and Taitz to challenge long form in court (new video!)

Any challenge to the long-form certificate on appeal is even more vexatious than the challenge to the short-form certificate was in the lower court case.

If Taitz wishes to acknowledge that Hawaii did indeed issue the long-form certificate shown on the White House web site, then she is effectively acknowledging that Obama would have a prima facie case if the burden were ever on him to prove the facts of his birth. In effect, she is referring on appeal to evidence that she would lose if the lower court had to allow discovery. (If she wants to deny that Hawaii issued that certified photocopy, then she will have a tough time explaining the update put on this web page of the Hawaii state government.)

It’s not often that a lawyer does a better job than opposing counsel in demonstrating the frivolity of her own case. I would hope for a wasted costs order in favour of Taitz’s opponent,

2:47(et): Gary just informed me that oral arguments will begin in about 5 minutes. He said the court room is packed with about 80 people and a few in the overflow room. He stated numerous different media outlets are at the hearing.

Kreep is up first. And away we go…
Representing Drake and Robinson
Q: what ultimate relief are yu seeking?
K: is Obama eligible?
Q. What would you expect us to do? Assuming it were to issue that declaration?
Blah blah blah office of President Vacant, Biden take over.

Q. Your client was a candidate?
Yes Drake has standing
Q what do they want? Why? Why a you different from everyone else?
K. Obama is running again. Blah blah blah
Q we’re here for standing challenge
K. I have other grounds…
Q if you don’t have standing you don’t have standing…what’s your injury?
K. My clients messerschmidt Robinson and drake not given level playing field
Q. They didn’t file until he was sworn in…
K. I’ll let Orly answer that…
Q. I still don’t get why you have standing…
Q we are nit in the posture of a campaign. Nothing helps your candidates now. They can file again, if they are going to run. That’s what I’m having trouble with
K moody case. N Dakota state supermen court removed him from office due to residency requirements.
Q bidden would become Pesident, and there you are back to where you were before.
Someone just walking down the street can’t sue.
K. Obama is not a natural born citizen. The voters are amending the constitution by electing him without going thru channels.
Q (judge is talking, Kreep is shaking his head. What is the role of the federal courts? What is your ultimate relief? You want to take an action to remove a sitting President thru the courts, that’s not what the constitution says.)
K. Can’t be impeached because because he’s not a sitting Present. Blah blah only recourse is courts.
Congress held hearings on John McCain. (Liar!). No one is willing to take on Mr. Obama.
Q. You don’t have the right to petition congress? Nobody used them to do the McCain thing on their own?

Orly UP

O: she is arguing with the judges about time. Procedure questions
Q. 1 23 go
O: starting er patented bullshit now. SSN.
O: Showing the BC ha sinfluenced the courts. It’s a fake. Photoshopped. He has created a psychological ? Against us. Mass hysteria in the media, saying we need to go away. Of course mr keys has perfect standing. Blah blah blah Illinois election blah blah blah military blah blah blah Lakin imprisoned. Blah blah blah ( the judges are not even looking at her. boon looks pissed). All the evidence says Obama is not eligible no educational records. Bullshit bullshit bullshit, more bullshit. My clients need to know that those orders are legitimate. ??

she’s talking a mile a minute, it’s hard to get it all down, but youve heard it all many many times before

Stern Ducky and wavy are taking copious notes.

O. Now she’s talking about pressure from fed. Attorneys and Carter blah blah blah the merits.
You can’t pressure me. Judge Carter kept pressuring me under duress to serve Obama again. The US attorney had not standing to be there. Me me me.

There will be a special edition of RC Radio at 9 PM EDT tonight to cover the oral arguments in the Ninth Circuit in Barnett v Obama. I hope to have reports from several attendees on the sights and sounds of the arguments presented by Gary Kreep, Orly Taitz, and the US Attorneys.

3:52(et): Taitz speaking with the press now, going over the details of the new fake birth certificate. Gary just blasted the press… lmao… Taitz now explaining the Selective Service document and the Social Security number… Now on to the record regarding O’s missing time during college years… Now back to explaining the new birth certificate and all the layers and other discrepancies with the bc… Media just asked Orly what other documentation she has regarding Obama…

Gary from GUL will be giving me periodic phone updates from the hearing in Pasadena, California. This post will be updated as news is forthcoming…

11:55(et): Gary just informed me that the hearing has been put at the end of the docket and will begin in about 1-2 hours after the original scheduling time of 9am California time. It is the the 4th case on the docket. Gary reports that ABC, CBS and CSPAN are in the courtroom. Atty Kreep informed Gary that CSPAN will be broadcasting the oral arguments live on CSPAN TV. I have yet to see it mentioned at CSPAN.

12:03(et): Gary just informed me that attorney Phil Berg is there assisting attorney Kreep at the hearing…

1:32(et): Captain Barnett; earlier I heard a self-identified DOJ attorney joking with an AP writer that he couldn’t believe that they had to be here (court) in referring to the obama eligibility case. They were both laughing so I gave them a 1 page memo on Natural Born and it’ importantance and the country’s adhereance to the two citizen parent and born within the jurisdiction of the United States requirement that Obama is the only “president” except Chester Arthur who concealed and destroyed his records that did not meet the two citizen requirement. Peace out for now.

2:47(et): Gary just informed me that oral arguments will begin in about 5 minutes. He said the court room is packed with about 80 people and a few in the overflow room. He stated numerous different media outlets are at the hearing.

3:52(et): Taitz speaking with the press now, going over the details of the new fake birth certificate. Gary just blasted the obots… lmao… Taitz now explaining the Selective Service document and the Social Security number… Now on to the record regarding O’s missing time during college years… Now back to explaining the new birth certificate and all the layers and other discrepancies with the bc… Media just asked Orly what other documentation she has regarding Obama… (note from me: what more do you need, media?) Now asking the media why they are not investigating Obama…

Stay tuned for a complete overview from Gary’s experience at today’s hearing…

I love that the DOJ took all of seven minutes from standing up to the court being adjourned. I’m surprised they didn’t just stand up, say “Lack of standing and thus jurisdiction” and then sit down again.

In other conspiracy news, here’s the lead item in the In Brief column in today’s (May 2) edition of the National Law Journal, p. 3:

The U.S. Court of Appeals for the 2d Circuit ordered an army specialist and her attorney to show cause why they should not be sanctioned for bringing a frivolous suit accusing former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld and former Chairman of the Joint Chiefs of Staff Richard Myers of orchestrating the Sept. 11, 2001, attacks. The panel said that “the courts have no obligation to entertain pure speculation and conjecture.”

I would love to see a picture of the visual aids Orly brought. I wonder how they compare to a child’s diorama.

It’s clear that despite numerous attempts it couldn’t be drummed into her head that the point of the courts of appeal is not to allow you to re-argue your case from scratch but rather to argue that the lower court applied the law incorrectly. The facts of the case do not – are generally not allowed to – change from what they were at the lower court.

1% Silver Nitrate: In other conspiracy news, here’s the lead item in the In Brief column in today’s (May 2) edition of the National Law Journal, p. 3:The U.S. Court of Appeals for the 2d Circuit ordered an army specialist and her attorney to show cause why they should not be sanctioned for bringing a frivolous suit accusing former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld and former Chairman of the Joint Chiefs of Staff Richard Myers of orchestrating the Sept. 11, 2001, attacks. The panel said that “the courts have no obligation to entertain pure speculation and conjecture.”Anybody got a cite?

I think we’ve all learned a lot over these past few years and while looking into these issues. That is one of the up sides of covering this. Learning new information and broadening our understandings, within a factual and evidence-based context.

We’ve also learned a lot about how irrational beliefs develop, persist and make themselves impervious to reality.

Most of her argument failed to address the matter of standing or the political question doctrine.

When she briefly addressed standing, she said that Keyes has standing because he stood not only as a minor party candidate for President in 2008, but also as Republican candidate for US Senate from Illinois in 2004. His status as a Senate candidate in 2004 was irrelevant for numerous reasons, such as the fact that Keyes never chose to challenge Obama’s eligibility in relation to that election, that Obama ceased to be a Senator before the case was ever filed, and that the Senate term in question expired months ago.

Jules:
Wow! Taitz never ceases to amaze me with her shockingly bad advocacy.

Most of her argument failed to address the matter of standing or the political question doctrine.

When she briefly addressed standing, she said that Keyes has standing because he stood not only as a minor party candidate for President in 2008, but also as Republican candidate for US Senate from Illinois in 2004. His status as a Senate candidate in 2004 was irrelevant for numerous reasons, such as the fact that Keyes never chose to challenge Obama’s eligibility in relation to that election, that Obama ceased to be a Senator before the case was ever filed, and that the Senate term in question expired months ago.

When did President Obama cease being a Senator? My two guesses would be when the new congress convened or at his inauguration (still before the suit was filed if Orly filed it between the inauguration and the oath re-do…) – does anyone know what the law says?

Slartibartfast: When did President Obama cease being a Senator? My two guesses would be when the new congress convened or at his inauguration (still before the suit was filed if Orly filed it between the inauguration and the oath re-do…) – does anyone know what the law says?

Obama resigned his Senate seat on Nov 16, 2008.

I don’t see how Keyes having run for the Senate against Obama in 2004 has any relevance to a challengerelating to the 2008 presidential election.

Slartibartfast: When did President Obama cease being a Senator?My two guesses would be when the new congress convened or at his inauguration (still before the suit was filed if Orly filed it between the inauguration and the oath re-do…) – does anyone know what the law says?

His letter of resignation was dated November 13, 2008 and stated that the resignation would take effect on November 16, 2008.

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